What Are The Defenses To Nuisance in Torts?

Defenses to nuisance in torts include the defense of coming to the nuisance, statutory authority, and consent. These defenses can mitigate liability depending on the circumstances surrounding the alleged nuisance.

In tort law, particularly regarding nuisance claims, several defenses can be employed by defendants to avoid liability. One primary defense is the doctrine of 'coming to the nuisance,' which argues that the plaintiff moved into a location that was already experiencing the alleged nuisance. If a plaintiff chooses to live near an established industrial area or a noisy bar, they're arguably accepting the inherent risks of that environment, thus negating their nuisance claim.

Another significant defense is 'statutory authority.' If the defendant's actions are authorized by a statute, such as zoning laws permitting certain activities, this may serve as a valid defense against nuisance claims. For example, if a city permits a factory to operate within a certain zone, residents of that area might be limited in their ability to sue for noise or pollution resulting from that factory’s operations.

Additionally, the defense of 'consent' can also come into play, whereby a plaintiff may have implicitly or explicitly consented to the activities causing the nuisance. If a party participates in an activity that is purportedly nuisance-inducing, their consent to that activity can act as a bar to their claim.

Lastly, it's important to note that in some jurisdictions, the defense of 'reasonableness' can be asserted, wherein the defendant argues that their conduct was reasonable under the circumstances and did not constitute a nuisance when considering the utility of their conduct weighs against the harm caused. This requires a balancing test that often includes the severity of harm versus the social utility of what the defendant is doing.

• 1Boomer v. Atlantic Cement Co. (1970) - Established that courts can award damages rather than an injunction in nuisance cases if the social utility of the defendant's activity outweighs the harm caused.
• 2Spur Industries, Inc. v. Del E. Webb Development Co. (1972) - Addressed the doctrine of coming to the nuisance and impacted how courts consider the reasonableness of nuisances.
• 3Public Clearing House v. New York (1969) - Affirmed statutory authority as a viable defense in nuisance claims.
• 4Windsor v. La Crosse (1988) - Explored 'consent' and established parameters around voluntary acceptance of possible nuisances.

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